Weekly Legal Updates (22nd-30th September 2019)

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Updated : Oct 3, 2019, 12:53

By : Surajit Bhaduri

Dear Students,

In this post, we have covered the Legal updates of the fourth week of September (22-30). "Weekly Legal Updates" series aims to provide important legal events and developments. These updates will help aspirants appearing for Law Entrance Exams.

A Special CBI court has issued summons to former Uttar Pradesh chief minister Kalyan Singh, directing him to appear before it in connection with the Babri Masjid demolition case.

The court is conducting the trial of accused persons, including BJP leaders L. K. Advani, M. M. Joshi, Uma Bharti and others for allegedly conspiring to demolish the mosque at the disputed Ram Janmbhoomi-Babri Masjid site in Ayodhya.

Note:

Kalyan Singh is a former Governor of Rajasthan. His tenure as Rajasthan governor ended on September 3, 2019. He rejoined the BJP on September 9.

He has become the fourth governor in the state to complete his five-year term, and the first to do so after 1967.

He was the Chief Minister of Uttar Pradesh when the Babri Masjid was demolished on December 6, 1992.

The Allahabad High Court has held that playgrounds within the school, laboratories, libraries are mandatory in all schools under the Right to Education (RTE) Act, 2009, in line with the right to education under Article 21A of the Constitution.

Note:

Justice Govind Mathur is the current Chief Justice of the Allahabad High Court.

The United Kingdom Supreme Court has unanimously declared the prorogation of UK Parliament by Boris Johnson to be unlawful and void. The Court held that the decision to prorogue the Parliament was not justiciable.

The Court further held that the power to prorogue is limited and if the power to prorogue the parliament is to frustrate the ability of the Parliament to carry out its constitutional functions then the same will be illegal and unlawful.

The decision by the United Kingdom Supreme Court was rendered by a full bench of 11 Justices headed by President of the United Kingdom Supreme Court, Lady Hale.

Note:

Conservative Party leader Boris Johnson (55-years) has been elected as new Prime Minister of United Kingdom in July 2019.

He succeeds Prime Minister Theresa May who announced her resignation amid a mounting rebellion from within the party.

4. Law Student who had alleged that former BJP leader Swami Chinmayanand of Rape Sent to 14-day Judicial Custody in Extortion Case

The LL.M. student who had alleged that former BJP leader Swami Chinmayanand had repeatedly raped her, was arrested by a Special Investigation Team (SIT) on charges of extortion and has been sent to 14-days judicial custody.

The Uttarakhand High Court in a landmark judgment has held that strikes and court boycotts by lawyers are illegal, furthermore, it held that strict action would be taken against advocates who opt to participate in strikes.

"Lawyers cannot go to the streets, or go on strike, except when democracy itself is in danger, and the entire judicial system is at stake… If Advocates think they have a just cause for complaint, they have two courses open to them — to make a representation to the District Judge or to the High Court. Boycotting Court is high-handed and unjustified.”

Note:

Ramesh Ranganathan is the current Chief Justice of the Uttarakhand High Court.

The Uttarakhand State was carved out from the State of Uttar Pradesh on 9 November 2000 under the Uttar Pradesh Reorganisation Act, 2000.

The seat of the Uttarakhand High Court is in Nainital district.

6. In Maharashtra, convicts can now avail multiple paroles in 1 year

The Bombay High Court has also struck down a provision that had barred convicts in Maharashtra from seeking multiple paroles in a year, as violative of Articles 14 and 21 of the Constitution of India.

The Bombay high court last week struck down a clause in the Prisons (Bombay Furlough and Parole) Rules, 1959, which prohibited multiple paroles within a year, except in case of the death of a nearest relative – father, mother, spouse or child.

Note:

Kantilal Jaiswal, a prisoner in Nagpur Central Jail, had challenged the constitutional validity of the proviso after his parole application was rejected by prison authorities merely on the ground that it was filed within a year of his earlier leave.

The 68-year-old murder convict contended that the proviso was completely arbitrary and violated his constitutional rights. Acting on his plea, a reference was made to the larger bench, which upheld his plea.

It held that though the grant of parole was governed by the policy of the state, it was a limited legal right available to a prisoner and not a concession, which can be allowed or rejected at the whims or fancies of the authorities.